WHEREAS, the
procurement of products manufactured or produced from a percentage
of recycled materials is acknowledged as the keystone of a successful
recycling program; and

WHEREAS, purchases
by federal, state and local governments account for nearly 20 percent
of the Gross Domestic Product of the United States; and

WHEREAS, government
procurement of recycled products can exert economic leverage to
make recycled products more competitive with products manufactured
from virgin materials and move recycled products into the marketplace;
and

WHEREAS, government
procurement of recycled products can persuade manufacturers to develop
greater production capacity, invest in research on recycled products
and introduce new recycling technologies; and

WHEREAS, State
laws require and provide economic incentives for the purchase of
recycled products by State agencies; and

WHEREAS, State
law and policy mandate the recycling of 60 percent of the solid
waste stream, thereby reducing the amount of solid waste requiring
disposal, conserving valuable resources and energy, and increasing
the supply of reusable materials for New Jersey's industries; and

WHEREAS, local
governments and private firms across New Jersey, in response to
State law and policy, each year collect greater volumes of recyclable
materials to be returned to the economic mainstream through remanufacturing
and other recycling techniques; and

WHEREAS, Executive
Order No. 34 (1991) requires State agencies to serve as models for
public and private entities in source reduction and recycling, and
these State agencies should also serve as models to promote the
expanded procurement of recycled products by public and private
entities;

NOW, THEREFORE,
I, JAMES J. FLORIO, Governor of the State of New Jersey, by virtue
of authority vested in me by the Constitution and Statutes of this
State, do hereby ORDER and DIRECT:

1. That
each State agency and instrumentality shall implement the following
mandates:

A. Appoint,
within 30 days of the effective date of this Order, a coordinator
from the agency procurement staff who will be responsible for
coordinating with the Division of Purchase and Property in the
Department of Treasury (hereinafter "Division of Purchase and
Property") and the Division of Solid Waste Management in the
Department of Environmental Protection and Energy (hereinafter
"Division of Solid Waste Management") for the procurement of
recycled products by the agency or instrumentality. The coordinator's
responsibility is to ensure agency compliance with the purchasing
goals of this Order.

B. Require
the purchase of recycled paper and paper products of comparable
quality with virgin products, with consideration given to recycled
paper and paper products containing the highest percentage of
post-consumer waste paper material, when such purchase is competitive
as defined below. In the event that this requirement is impossible
to meet due to mill or vendor supplies of paper and paper products
containing recycled secondary and post-consumer content, each
State agency or instrumentality shall meet, at minimum, the
following purchasing schedule:

(1)
Effective immediately, not less than 55 percent of the total
dollar amount of paper and paper products purchased by any
State agency or instrumentality shall be made from recycled
paper or paper products, having a total weight consisting
of not less than 50 percent secondary waste paper material
and with not less than 10 percent of its total weight consisting
of post-consumer waste paper materials;

(2)
On and after July 1, 1993, not less than 60 percent of the
total dollar amount of paper and paper products purchased
by the State shall be made from recycled paper or paper products
having a total weight consisting of not less than 50 percent
secondary waste paper material and with not less than 15 percent
of its total weight consisting of post-consumer waste paper
materials;

(3)
On and after January 1, 1995, not less than 65 percent of
the total dollar amount of paper and paper products purchased
by the State shall be made from recycled paper or recycled
paper products having a total weight consisting of not less
than 50 percent secondary waste paper material and with not
less than 25 percent of its total weight consisting of post-consumer
waste paper material; except that high grade office paper,
fine paper, bond paper, offset paper, xerographic paper, mimeo
paper and duplicator paper shall be made from recycled paper
having a total weight consisting of not less than 50 percent
secondary waste paper material and with not less that 15 percent
of its total weight consisting of post-consumer waste paper
material.

Except
as otherwise provided by law, the Division of Purchase and
Property, in consultation with the Division of Solid Waste
Management, shall have discretion and authority to modify
the procurement rate guidelines established in B.(1) above.

For
the purposes of purchasing recycled paper and paper products,
"competitive" means a price no more than 10 percent above
the price of items which are manufactured or produced from
virgin paper products, except that the director, upon consultation
with the department, may make contracts available for recycled
paper or recycled paper products at a price no more than 15
percent above the price of virgin paper products whenever
the director determines that a 15 percent price preference
is in the best interest of the State.

C. Print
all publications and documents, including those publications
and documents printed under the supervision of a State agency
or instrumentally, on recycled paper where adequate supplies
are available and the purchase of recycled paper is competitive
as defined in this Order. The phrase "printed on recycled paper,"
"recycled paper" or words or symbols to that effect should be
imprinted on the publication or document.

D. Review
and modify all bid and product specifications, in consultation
with the Division of Purchase and Property, to ensure that such
specifications do not discriminate, without a sound technical
or economic basis, against the purchase or use of paper or nonpaper
recycled products, but encourage the maximum purchase of products
made from recycled materials, (e.g. where feasible, brightness
standards or their equivalents for paper or paper products shall
be lowered or eliminated to remove any impediments which these
standards may pose to the purchase or recycled paper or paper
products).

E. Review
and develop specifications for paper and nonpaper finished products,
purchased by the agency or instrumentality, which are composed
primarily of a single material, such as metal, glass, or plastic,
to give priority to those single-material products containing
recycled, post-consumer metal, glass, plastic or other recycled
materials, and meet any procurement rate guidelines set for
specific product or material classes by the Division of Purchase
and Property, in consultation with the Division of Solid Waste
Management.

F. Utilize,
where technically feasible, competitively priced (as defined
below) and environmentally sound, compost, mulch and other soil
amendments made from municipal solid waste, sludge, yard waste,
clean wood waste, and other organic materials, in descending
order of priority, where the agency or instrumentality is responsible
for the maintenance of public lands, engages in landscaping
activities or performs construction activities at State facilities
or projects. The compost derived from these listed organic waste
materials shall be used in lieu of any chemical fertilizer or
soil amendment.

G. Purchase
re-refined motor oil, when competitively priced as defined below,
for use in automobiles or other vehicles maintained by the agency
or instrumentality according to the following schedule:

(1)
By December 31, 1993, not less than 5 percent of the total
dollar amount expended for the purchase of motor oil shall
be for the purchase of re-refined motor oil;

(2)
By December 31, 1994, not less than 10 percent of the total
dollar amount expended for the purchase of motor oil shall
be for the purchase of re-refined motor oil; (3) By December
31, 1995, not less than 15 percent of the total dollar amount
expended for the purchase of motor oil shall be for the purchase
of re-refined motor oil;

(4)
By December 31, 1996, not less than 20 percent of the total
dollar amount expended for the purchase of motor oil shall
be for the purchase of re-refined motor oil.

Re-refined
motor oil is defined as oil from which the physical and chemical
contaminants acquired through previous use have been removed
through a refining process.

H. Purchase,
when competitively priced as defined below, retreaded, remolded
or remanufactured vehicle tires for automobiles or other vehicles,
excluding law enforcement vehicles, according to the following
schedule:

(1)
By December 31, 1993, not less than 5 percent of the total
dollar amount expended for the purchase of tires shall be
for the purchase of retreaded, remolded or remanufactured
tires;

(2)
By December 31, 1994, not less than 10 percent of the total
dollar amount expended for the purchase of tires shall be
for the purchase of retreaded, remolded or remanufactured

(3)
By December 31, 1995, not less than 15 percent of the total
dollar amount expended for the purchase of tires shall be
for the purchase of retreaded, remolded or remanufactured
tires;

(4)
By December 31, 1996, not less than 20 percent of the total
dollar amount expended for the purchase of tires shall be
for the purchase of retreaded, remolded or remanufactured
tires;

(5)
By December 31, 1997, not less than 25 percent of the total
dollar amount expended for the purchase of tires shall be
for the purchase of retreaded, remolded or remanufactured
tires.

I. Purchase
the following nonpaper finished recycled materials or products
in lieu of manufactured or virgin materials whenever these materials
or products are competitively priced, as defined below, with
comparable products manufactured or produced from virgin materials:

For the
purposes of purchasing the recycled nonpaper finished products
referenced immediately above, "competitive" or "competitively
priced" shall mean a price no more than 10 percent above the
price of comparable products or materials manufactured or produced
from virgin materials. Any agency shall have the authority to
reject a competitively priced bid for a recycled nonpaper finished
product if that agency makes a determination that the price
offered for the recycled nonpaper finished product or material
is not accurately reflective of general market conditions for
the product or material, based on the agency's past procurement
experiences, current market analysis or information gained from
other comparable jurisdictions.

As an
alternative to the above, within the State agency bidding procedures
as established by law and the preferential pricing structure
contained in this Order, any agency may offer rebates to vendors
for the use of recycled nonpaper finished products or materials
in the supplying of any nonpaper finished product or material.

Except
as otherwise provided by State agency bidding procedures established
by law, any agency may, upon consultation with the Division
of Solid Waste Management, make contracts (other than State
term contracts) available for recycled nonpaper finished products
or materials at a price no more than 15 percent above the price
of comparable virgin products or materials, whenever the agency
determines that a 15 percent price preference is in the best
interests of the State.

For the
purposes of this Order, "nonpaper finished products" shall mean
all nonpaper products and materials purchased by any agency
or instrumentality. For the purposes of purchasing nonpaper
finished products, "post consumer material" shall include any
finished product generated by a business or consumer which has
served its intended end use, and which has been separated from
solid waste for the purposes of collection, recycling and disposition,
but shall not include waste material generated after the completion
of a manufacturing process.

J. Require
that appliances and cooling and air conditioning systems containing
refrigerants (CFCs and HCFCs) be appropriately handled by purchasing
and using refrigerant recovery equipment or contracting with
a vendor to recover the refrigerants prior to recycling the
appliance, pursuant to Section 5.1 of New Jersey's Recycling
Regulations, N.J.A.C. l7:26A-1.1 et seq. and Section 608 of
the federal Clean Air Act Amendments.

K. Report
semi-annually by January 1 and July 1, in writing to the Division
of Solid Waste Management on the types, volume and dollar amounts
of recycled paper and nonpaper finished products purchased,
exclusive of State term contracts. This reporting requirement
shall not apply to term contracts and Purchase Bureau line-item
purchases.

L. Require
government contractors and grantees, where permissible by law,
to conform to the recycled paper and nonpaper finished products
procurement guidelines set forth in this Order. As appropriate,
these requirements shall be applied to contractors and grantees
in procuring products or materials to perform contractual services
for the State agency or instrumentality, providing a work product
for the State agency or instrumentality, or conducting work
funded by a grant from the State agency or instrumentality.

As needed
to monitor conformance to these requirements, contractors and
grantees may be further required to report to the State agency
or instrumentality the types, quantities and total dollar amounts
of recycled paper and nonpaper finished products purchased by
the contractor or grantee in connection with government-funded
work.

2. I further
direct that the Division of Purchase and Property in the Department
of the Treasury shall:

A. Ensure
that all bid specifications define competitive pricing for recycled
products as defined in State law and this Order.

B. Give
priority consideration to the procurement of products which
contain the highest percentage of post-consumer waste material.

C. Require
vendors, where appropriate, to supply a manufacturer's certification
that states the percentage of post-consumer waste material contained
in the recycled product and, in the case of recycled paper products,
states the percentage of secondary waste paper material content.

D. Identify
and review, in consultation with the Division of Solid Waste
Management in the Department of Environmental Protection and
Energy, bid specifications adopted by other State agencies and
instrumentalities that may discriminate, without a sound technical
or economic basis, against the purchase or use of recycled products
and materials and advise these State agencies or instrumentalities
on modifications to the specifications that are necessary to
promote the purchase or use of recycled products and comply
with this Order.

E. Purchase
photocopy machinery, including warranties, which do not restrict
the use of recycled xerographic paper, and that provide for
effective duplex copying.

F. Ensure
that janitorial service contracts include a provision that such
services supply recycled paper products for use in State-owned
or leased buildings.

G. Review
and revise State bid specifications, contracts and procedures
in order to provide information to identify those contracts
and commodities which constitute recycled products or contain
recycled materials, and the quantities ordered and dollar amounts
expended for those products.

H. Report
semi-annually to the Division of Solid Waste Management in the
Department of Environmental Protection and Energy on the types,
volumes and dollar amounts of recycled product purchases covered
by term contracts, Purchase Bureau line-item purchases, and
direct purchases.

3. I further
direct that the Department of Transportation shall:

A. Continue
to serve as the lead agency in the development of specifications
for the use of recycled materials in roadway construction and
maintenance as identified in this Order.

B. Achieve
a minimum utilization rate for asphalt pavement containing recycled
rubber, as a percentage of the total tons of asphalt pavement
used in roadway construction, resurfacing or maintenance, including
those utilization rates required pursuant to the federal Intermodal
Surface Transportation Efficiency Act of 1991 (ISTEA), as follows,
whenever such utilization is competitively priced as defined
above:

(1)
A minimum of 5 percent by December 31, 1994;

(2)
A minimum of 10 percent by December 31, 1995;

(3)
A minimum of 15 percent by December 31, 1996;

(4)
A minimum of 20 percent by December 31, 1997;

(5)
A minimum of 25 percent by December 31, 1998;

(6)
A minimum of 30 percent by December 31, 1999;

(7)
A minimum of 35 percent by December 31, 2000;

(8)
A minimum of 40 percent by December 31, 2001.

If the
Department of Transportation, in consultation with the Division
of Solid Waste Management, determines that meeting any of the
above identified utilization rates is not feasible, the Department
of Transportation shall submit to the Governor's Office, within
90 days of each annual utilization rate identified above, a
written analysis that identifies the technical, economic or
environmental constraints that preclude such use, and describe
any steps that may be taken to eliminate these constraints.
Such analyses, if any, shall not relieve the Department of Transportation
of its responsibilities for attaining any other annual utilization
rate listed.

4. I further
direct that the Department of Community Affairs shall:

A. Review
existing construction specifications contained in the New Jersey
Uniform Construction Code and revise any specifications that
discriminate, without a sound technical or economic basis, against
the use of recycled products or materials for building construction.
This shall be carried out within one year of the effective date
of this Order and in consultation with the Division of Solid
Waste Management in the Department of Environmental Protection
and Energy.

B. Review
and revise all regulations, in consultation with the Division
of Solid Waste Management, to include the provision that permits
for all construction-related activities shall indicate the markets
for the disposition of all recyclable materials generated from
the permitted activities, and shall require the maximum practical
use of recycling alternatives available in conformance with
N.J.S.A. 52:27D et seq., P.L. 1975, Chapter 217, New Jersey
Uniform Construction Code, N.J.A.C. 5:23.

5. I further
direct that the Division of Solid Waste Management in the Department
of Environmental Protection and Energy shall:

A. Provide
technical assistance to State agency coordinators to develop
and implement the programs mandated by this Executive Order,
in consultation with the Division of Purchase and Property in
the Department of the Treasury.

B. Assist
other agencies and instrumentalities in the development and
implementation of educational programs for the procurement of
recycled products in consultation with the Division of Purchase
and Property.

C. Promote
innovative research and development to identify new recycled
products to be purchased by State agencies and instrumentalities.

This Order
shall take effect immediately.

GIVEN,
under my hand and seal this
3rd day of May in the Year of Our
Lord, One Thousand Nine Hundred and
Ninety Three, and of the Independence
of the United States, the Two Hundred
and Seventeenth.